Fired cops reinstated after 10-year legal battle

Three police officers who were dismissed nearly a decade ago for alleged involvement in smuggling have been reinstated following a protracted legal battle that exposed serious procedural irregularities within the Zimbabwe Republic Police's disciplinary system.

Constables Kenneth Tsiwo, Trouble Chikwati, and Last Mabvuregudo were dismissed in 2016 after being accused of smuggling goods from Zambia into Zimbabwe on June 25, 2009. The trio challenged their dismissal at the High Court, arguing that their trial had been unfair and violated their right to due process.

They contended they were denied the mandatory 72 hours to prepare their defence, refused legal representation, and that the disciplinary hearing was conducted overnight, contrary to established procedure.

Former Police Commissioner-General Augustine Chihuri maintained that the evidence against the officers was strong and warranted dismissal. However, High Court Judge Justice Francis Bere later found that the disciplinary process had been tainted by serious procedural flaws and poor record-keeping within the police.

Speaking after the ruling, Mabvuregudo said their case had been handled unjustly from the start.

"There were gross irregularities in how the trial officer handled our case. We were not given the mandatory 72 hours to prepare for our defence, and we were tried on the same night the case arose. When we indicated our intention to appeal, we were told it was pointless because Commissioner-General Chihuri would not tolerate anything but a conviction," he said.

A board of suitability had initially recommended that the three be reinstated to their previous ranks, but Chihuri overruled the recommendation and proceeded with their dismissal. Their subsequent appeal to the Police Service Commission was also dismissed without addressing their concerns.

The officers then approached the High Court, which ruled in their favour, but the police appealed to the Supreme Court. The Supreme Court later referred the case back to the High Court after finding that the record of proceedings had not been produced.

When the matter was reheard, Justice Ngoni Nduna upheld the earlier ruling by Justice Bere and ordered that the trio be reinstated.

Their lawyer, Dereck Kossam of Liberty Mcijo and Associates, welcomed the ruling.

"I'm excited at the outcome — justice has finally prevailed. These are family men who were dismissed without adherence to due process," Kossam said.

The reinstatement brings closure to a near 10-year legal fight, highlighting systemic flaws in police disciplinary proceedings and oversight mechanisms.